"A Study on the Award of Negotiating Damages for a Breach of Contract in an Agreement for the Sale of a Ship in International Sales Contract under English Law"

2020 ◽  
Vol 43 (4) ◽  
pp. 219-242
Author(s):  
Jin Gu Song
Keyword(s):  
Breach Of Contract ◽  
English Law ◽  
International Sales

Part II International Sales Governed by the UN Sale Convention 1980 (CISG), 12 Remedies for Breach of Contract

2017 ◽  
Author(s):  
Bridge MG
Keyword(s):  
Structural Difference ◽  
The Other ◽  
Breach Of Contract ◽  
Sharp Distinction ◽  
English Law ◽  
International Sales

This chapter builds on the previous chapter's discussion in drawing distinctions between the CISG and English law. This time the chapter considers the remedies for a breach of contract. In the event of non-performance by one of the contracting parties, various remedies are made available to the other under the CISG, largely recognizable by a common lawyer if not always available in the circumstances and to the same extent in English law. There is, however, a major structural difference that should be observed from the outset. English law draws a sharp distinction between breach of contract and the effect on a contract of impossibility or frustrating circumstances.

Part I International Sales Governed by English Law, 9 Remedies: Termination and Damages

2017 ◽  
Author(s):  
Bridge MG
Keyword(s):  
Common Law ◽  
Standard Form ◽  
Breach Of Contract ◽  
The Common ◽  
Penalty Clauses ◽  
English Law ◽  
International Sale Of Goods ◽  
International Sales ◽  
Statutory Basis

This chapter deals with remedies for breach of contract to the extent that they have a particular application to international sale of goods agreements. Attention is given to termination for breach and damages. Even here, however, certain aspects (for example, penalty clauses) are left to general works on contract and sale of goods. This chapter also examines clauses in standard form contracts dealing with the quantification of money awards; they commonly depart from the common law and statutory basis for assessing damages. In addition, though they fall outside breach of contract, the chapter also looks to certain settlement clauses, operative in the event of an insolvency or of a circle appearing in the sales string.

Termination for Breach of Contract

2020 ◽  
Author(s):  
Stannard John E ◽  
Capper David
Keyword(s):  
Final Section ◽  
Breach Of Contract ◽  
The Third ◽  
Specific Performance ◽  
The Subject ◽  
Key Topics ◽  
English Law ◽  
The Right ◽  
Legal Consequences

The aims of this book are to set out in detail the rules governing termination as a remedy for breach of contract in English law, to distil the very complex body of law on the subject to a clear set of principles, and to apply the law in a practical context. This book is divided into four parts. The first section sets out to analyse what is involved in termination and looks at some of the difficulties surrounding the topic, before going on to explain the evolution of the present law and its main principles. The second section provides a thorough analysis of the two key topics of breach and termination. The third section addresses the question when the right to terminate for breach arises. And the fourth and final section considers the consequences of the promisee's election whether to terminate or not. The final chapter examines the legal consequences of affirmation, once again both with regard to the promisee and the promisor, with particular emphasis on the extent of the promisee's right to enforce the performance of the contract by way of an action for an agreed sum or an action for specific performance.

17. Non-compensatory remedies

Contract Law ◽  
2017 ◽  
Author(s):  
TT Arvind
Keyword(s):  
Breach Of Contract ◽  
Starting Point ◽  
Specific Performance ◽  
English Law

This chapter considers a range of non-compensatory remedies that are available at English law in cases of breach. Non-compensatory remedies seek to respond to breach of contract in ways other than compensation. The starting point for non-monetary obligations is that breach is best remedied through the award of damages. Literal enforcement of such an obligation, through an order for specific performance or an injunction, is only awarded in exceptional circumstances. In contrast, obligations involving the payment of a definite sum of money are frequently literal enforced through the remedy of debt. This chapter first examines literal performance as a non-compensatory remedy before discussing debt, gain-based remedies, and restitution interest.

15. International sales

2020 ◽  
pp. 501-524
Author(s):  
D Fox ◽  
RJC Munday ◽  
B Soyer ◽  
AM Tettenborn ◽  
PG Turner
Keyword(s):  
International Trade ◽  
Future Developments ◽  
English Law ◽  
International Sales

This chapter examines the rules of English law governing international commercial sales, a subject of disproportionate importance because of the surprisingly large proportion of international trade carried on under contracts governed by English law by choice of the parties. Contracts of this type expose the parties to greater risks than purely domestic sales. The chapter gives detailed coverage of typical export transactions and INCOTERMS, both marine and non-marine, including FOB contracts, FAS contracts, CIF contracts and variants of the CIF contract, and DAP contracts as well as FCA, CIP, and similar contracts. Likely future developments are also mentioned.

17. Non-compensatory remedies

Contract Law ◽  
2019 ◽  
pp. 506-535
Author(s):  
TT Arvind
Keyword(s):  
Breach Of Contract ◽  
Starting Point ◽  
Specific Performance ◽  
English Law

This chapter considers a range of non-compensatory remedies that are available at English law in cases of breach. Non-compensatory remedies seek to respond to breach of contract in ways other than compensation. The starting point for non-monetary obligations is that breach is best remedied through the award of damages. Literal enforcement of such an obligation, through an order for specific performance or an injunction, is only awarded in exceptional circumstances. In contrast, obligations involving the payment of a definite sum of money are frequently literally enforced through the remedy of debt. This chapter first examines literal performance as a non-compensatory remedy before discussing debt, gain-based remedies, and restitution interest.

15. International sales

2017 ◽  
Author(s):  
MA Clarke ◽  
RJA Hooley ◽  
RJC Munday ◽  
LS Sealy ◽  
AM Tettenborn ◽  
...  
Keyword(s):  
International Trade ◽  
Future Prospects ◽  
Chamber Of Commerce ◽  
English Law ◽  
International Chamber Of Commerce ◽  
International Sales

This chapter examines the rules of English law governing international sales as they affect buyer and seller. There is more than one way in which a sale of goods contract may have an international element. For example, the seller and buyer may be in different jurisdictions, or the contract of sale may contemplate that the goods are to be carried from one country to another. A surprisingly large proportion of international trade is carried on under contracts governed by English law by choice of the parties. This chapter begins with a discussion of typical export transactions under INCOTERMS 2010, a set of international rules for the interpretation of trade terms promulgated by the International Chamber of Commerce. It then considers sales via sea carriage, along with other contracts involving international sales. It also analyses payment in international sales transactions and concludes with an overview of future prospects for international sales.

Part II International Sales Governed by the UN Sale Convention 1980 (CISG), 11 Formation and Performance of the Contract

2017 ◽  
Author(s):  
Bridge MG
Keyword(s):  
External Source ◽  
The Face ◽  
English Law ◽  
And Performance ◽  
Standard Terms ◽  
International Sales ◽  
Contractual Agreement

This chapter discusses the differences in the formation and performance of the contract between the Sale of Goods Act and the CISG. The differences between English law and the CISG are various. They include, first, rules in the CISG that have no counterpart in English sales law. They also include rules that on the face of it differ from their English equivalents, rules that appear to accord with English law but on closer inspection may depart from it, and rules in English law that are not to be found in the CISG. The chapter pays attention to the form in which the contractual agreement may be expressed, to the incorporation of standard terms in the contract by reference to an external source, to the question whether and to what extent all communications passing between the parties constitute part of the contract, and to the interpretation of the contract itself.

Part III Jurisdiction, Foreign Judgments and Awards, 12 The Competence of the English Courts Under—The Traditional Rules

2017 ◽  
Author(s):  
Torremans Paul
Keyword(s):  
Common Law ◽  
Hague Convention ◽  
Breach Of Contract ◽  
The Hague ◽  
English Law ◽  
The Hague Convention

This chapter explores the competence of the English courts under the traditional rules, and more specifically actions in personam and actions in rem. An action in personam is designed to settle the rights of the parties as between themselves, e.g. an action for damages for breach of contract. In English law the only action in rem is that which lies in an Admiralty court against a particular res, namely a ship or some other res, such as cargo, associated with the ship. This chapter first considers three situations in which English courts are competent under common law rules to try an action in personam before discussing the effect of the Brussels/Lugano system on actions in rem. It also reflects on the implications of the Hague Convention on Choice of Court Agreements 2005 for the competence of the English courts.

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